Julian McGrath v Inner West Council

[2016] NSWLEC 1406

Land and Environment Court

New South Wales

Medium Neutral Citation:	Julian McGrath v Inner West Council [2016] NSWLEC 1406
Hearing dates:	Conciliation conference on 11 August 2016
Date of orders:	07 September 2016
Decision date:	07 September 2016
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: alterations and additions to an existing dwelling; conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Julian McGrath (Applicant) Inner West Council (Respondent)
Representation:	Ms K Gerathy, HWL Ebsworth Lawyers (Applicant) Mr S Turner, Inner West Council (Respondent)
File Number(s):	2016/160290
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the refusal of Development Application D/2015/525 for alterations and additions to an existing dwelling at 262 Nelson Street Annandale.

2. In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to “dispose of the proceedings in accordance with the decision”.

3. The Court Act also required me to “set out in writing the terms of the decision” (s 34(3)(b)). The orders made to give effect to the agreement constitute that document.

4. In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties.

5. The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:

1. The Applicant is granted leave to amend Development Application D/2015/525 to rely upon the amended plans annexed hereto and marked "A" and referred to in condition 1 of the conditions of consent.

2. The appeal is upheld.

3. Development Application D/2015/525 for alterations and additions to the existing residence, including a new single storey ground floor extension and a new first floor level in roof and to rear of existing dwelling at 262 Nelson Street, Annandale is approved subject to the conditions contained in Annexure "B" and the plans in Annexure "A".

…………….

Commissioner Brown

160290.16 Brown - Annexure A (11.8 MB, pdf)

160290.16 Brown - Annexure B (298 KB, pdf)